Iron County register., 1887-05-12
A BAD BLuNDER .

The st Louis OfHciaIs, tho adams Express
People and An Concerned Discover That
They Have No Jurisdiction to Try Messen-
ger Fotheringham for Compii city in the
Great Express Robbery.
ST. LOUIS, May 4-When pne Fothering-
ham case was resumed in the Criminal
Court this morning. ii. G.. Springle, con-
ductor Of the robbed train, was called.
He testified last evening that he heard no
outcry from Fotheringham until st. Clair
was reached: that on entering the car he
found him firmly bound, but saw no gag.
Fotheringham was cool and composed :
at first the messen ger refused to saw how
much was stolen; but afterward said it
was about $50. 900 in bills.
Fotheringnam was reluctant to report
the matter to the company, the conductor
said. The story of the robbery told by
him to the conductor, was repeated by
Fotheringham at the Southern two weeks
later, without any variation.
Cross-examined this morning, Mr.
Springle SAID he knocked at tho door of
the express car at Mencke, but received
no answer, and that afterward Fothering-
ham told him that he heard the knock,
but was afraid to answer, as Jim Cum
mings was holding a pistol to his head
Fotheringham, he said, was s'tied to stay"
his hands fastened first with handker-
chief, and then securely bound with stout
cords. On top of the safe to which he was
bound, casting, weighing about thirty
five pounds, was found, so fastened that
If Fotheringham moved it would fall and
crush him.
At st. Clair, where Fotheringham was
unbound, the witness told the telegraph
operator in the presence of Fothering-
ham to telegraph full particulars of the
robbery. At the investigation held by
the express people, the witness was i'm
pressed with the idea that the company
was seeking to connect him with the rob-
berry.
The witness was asked if from what he
had seen on the night Of the robbery and all
through the case he was not satisfied that
Fotheringham was innocent and had so
stated.
The state objected and the court ruled it
out
After James Barrett, route agent of the
express company, had given his testimony.
Circuit Attorney Glover announced that
the State would stand on the count of the
indictment charging him with taking the
money, but not with receiving the stolen
property.
Judge Normile ordered the Sheriff to re-
move the jury, and after they retired he
asked Circuit Attorney Glover if the State
had any other evidence except that the al
Ridge, in st. Louis county.
Mr.. Clover said he had not, and claimed
jurisdiction simply from section 1896.
Judge Normille said:
1.-THE view the court takes of that
statute is not doubtful one. Iregret
that this case has gone so far.
'sIt is an old principle of common law
that offenses must be tried in the v1cinage
where they were committed, and the
earliest juries were confined to eye wit
nesses.
''The in lictment in this case is evident
ly founded on the supposed validity of sec
tion 1896, which authorizes a prosecution
for an offense committed on railroad car
in any county through which the car m ay
rum This particular section has never
been passed upon, but section 1891 has
been declared unconstitutional, and they
are alike in principle, as each declares
that offenses may be prosecuted in diff
ferent county from where the offense was
committed.
''Since the money was not taken from
the express Car in the city of st. Louis nor
any part of it brought into this city by
the defeneant, this court has no jurisdic
tion. The case must be dismissed here
and transferred to st. Louis county,
The jury was then called in and Judge
Normile instructed them to acquit Foth-
eringham on the ground Of want Of juris-
dictlon.
Messrs. Harvey and johnson objected,
and their exceptions were noted.
The jury retired and returned with the
verdict as directed by the court.
Circuit Attorney Glover said there was
second Indictment against the defend
ant covering the same ground, and he
would nolle pros. it.
Mr.. Glover then asked the court to hold
Fotherihgham under bond to answer any
indictment that might be brought in st.
Louis County.
Judge Normile said he had no authority
to take such action, and the defendant
was discharged, Circuit Attorney Glover
stating that he would call the attention of
Prosecutor Warfield, of st. Louis County,